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ORTIZ v. DISTRICT COURT COUNTY OF LAS ANIMAS

No. 80SA165.

626 P.2d 642 (1981)

Sam ORTIZ and Joseph Ortiz, Petitioners, v. The DISTRICT COURT In and For the COUNTY OF LAS ANIMAS and the Honorable Harry Sayre, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

March 30, 1981.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Joseph G. Bruce, Deputy State Public Defender, Trinidad, for petitioners.

Harry R. Sayre, District Judge, pro se.

DUBOFSKY, Justice.

In response to a petition filed under C.A.R. 21, we issued a Rule to Show Cause why the respondent district court should not dismiss informations charging the petitioners, Sam Ortiz and Joseph Ortiz, with first-degree and second-degree assault and crime of violence. We now make the Rule absolute.

On October 5, 1979, a jury found the petitioners guilty of menacing1 Troy Gutierrez. This was one of several counts...

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